In April of 2013, Lisa Caporicci informed her manager at the Chipotle restaurant that she took prescription medication for treatment of bipolar disorder. She did not mention any side effects or other problems that could result from taking the medication.

Then in May 2013, Lisa began taking new medication for panic attacks, but did not inform her manager about this. After Lisa missed work a few times and then showed up seemingly inebriated as a result of her new medication, Chipotle fired her for violating the company’s Drug and Alcohol Policy. Under these workplace rules, employees who take prescription medication that may have an adverse effect on their ability to work must notify their managers before the start of work. Lisa filed a federal lawsuit alleging that Chipotle engaged in disability discrimination by firing her for the side effects of her prescribed medication.

The Equal Employment Opportunity Commission (EEOC) has stated that employers can create workplace conduct rules that cover many issues, including drug and alcohol use, and that all employees (disabled and non-disabled) may be held to similar standards regarding their conduct under these rules. Courts have interpreted this variably, but the consensus of judicial opinion is that employers may discipline or terminate an employee for misconduct — even when it arises because of a disability or treatment for that disability. Here, the Florida federal judge ruled that Chipotle did not discriminate against Lisa because of her disability; rather they fired her for violating a neutral workplace conduct policy.

Courts have generally been split about whether a termination can be called “discriminatory” when a disability is related in some way to the firing. The Third Circuit U.S. Court of Appeals, which covers New Jersey, has held repeatedly that employers are not prohibited from firing employees for misconduct, even when the misconduct is related to a disability.  Sever v. Postmaster General (2007). In that case, a postal worker who suffered from post-traumatic stress disorder was fired for making violent threats at work.  The court found his termination justified, despite being connected to his disability.

The EEOC has made it clear that employers can establish workplace conduct rules that apply to both non-disabled and disabled employees and cover a variety of issues, such as violence, attendance, and substance abuse. These workplace conduct rules may even be upheld when the worker’s disability causes him or her to violate such rules.

In Raytheon Co. v. Hernandez, 124 S. Ct. 513 (2003), the U.S. Supreme Court upheld an employer’s “no rehire policy” despite the negative effect it had on a former employee and drug addict, because it was neutral on its face and was established for legitimate and non-discriminatory reasons.

When misconduct occurs because of a disability, the EEOC says that employers must be prepared to prove the necessity of the conduct rule to the job at hand. Ultimately, each case must be evaluated on its own facts and circumstances.

If you face a workplace crisis or concern regarding disability discrimination, other forms of discrimination, retaliation, or whistleblowing, then you should consult with experienced employment rights lawyers for workers.  Contact the Central Jersey Law Firm of Hanan M. Isaacs, P.C.  Call us at 609-683-7400 for a near-term reduced fee initial consultation, or contact us online.  We will listen to your facts, discuss the laws that apply, and advise you as to your best options. Call today.  You will be glad you did.